EPA expands mandatory federal purchasing program

The US Environmental Protection Agency (EPA) recently announced that it is expanding its Recommendations of Specifications, Standards, and Ecolabels for Federal Purchasing Program (Recommendations Program) to include new categories of products and services, including healthcare, laboratories, clothing and uniforms, and cafeteria and food service products.

This expansion will have a downstream effect on federal procurement practices, as the Federal Acquisition Regulation (FAR) requires that agencies purchase products and services that meet the requirements of the Recommendations Program.

In April 2024, the FAR was amended to require that agencies “procure sustainable products and services . . . to the maximum extent practicable.” Sustainable products and services are defined as those that are within the scope of certain statutory and regulatory purchasing programs, including the Recommendations Program. Thus, if an agency procures a product that is covered by the Recommendations Program (eg, office furniture), the purchase generally must meet the applicable ecolabel requirements for that product as set forth in the Recommendations Program. The program currently includes more than 30 categories of product and services and more than 40 ecolabels.

In its recent announcement, the EPA identified the specific product categories that were being added to the Recommendations Program, as well as the applicable ecolabels for those products:

• Healthcare: The EPA will incorporate ecolabels for Class I and II medical devices and supplies (eg, IV bags and tubing, bandages, blood pressure cuffs).
• Laboratories: The EPA will incorporate ecolabels for laboratory operations and laboratory equipment and supplies.
• Clothing and uniforms: The EPA will add ecolabels for finished clothing and textiles/fabrics.
• Cafeteria and food service: The EPA will add ecolabels for reusable, compostable, and recyclable food ware.

The EPA is requesting comments and feedback on the expansion of the Recommendation Program by October 15, 2024. The FAR currently only requires agencies to purchase products and services covered by the Recommendations Program as of October 2023, but such requirement will likely be amended in the future to incorporate the products the EPA plans to add to the Recommendations Program. The expansion of the Recommendations Program, therefore, will affect the products and services that agencies are mandated to purchase to the maximum extent practicable.

We are closely monitoring the expansion of the Recommendations Program, including the comments that are submitted and related developments. Please contact the authors if you have any questions or are interested in submitting comments.